USA v. Yvonne Ramirez, No. 16-40433 (5th Cir. 2016)

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Case: 16-40433 Document: 00513691994 Page: 1 Date Filed: 09/26/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40433 Summary Calendar UNITED STATES OF AMERICA, United States Court of Appeals Fifth Circuit FILED September 26, 2016 Lyle W. Cayce Clerk Plaintiff-Appellee v. YVONNE RAMIREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-1045-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Yvonne Ramirez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ramirez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-40433 Document: 00513691994 Page: 2 Date Filed: 09/26/2016 No. 16-40433 issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. The judgment, though, contains a clerical error pertaining to Ramirez’s written judgment. The judgment identifies the statute violated as “21 U.S.C. §§ 841(a)(1) and 841[(a)(1)(B)],” but the bracketed material should instead refer to “(b)(1)(B).” We therefore REMAND to the district court for correction of this clerical error. See FED. R. CRIM. P. 36. 2

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